THE 


RALEIGH  ACADEMY  OF  MEDICINE 


VS. 


The  Knights  of  Honor,  Knights  of  Pythias,  Royal 
Arcanum,  National  Union,  American  Legion  of 
Honor,  Knights  and  Ladies  of  Honor,  and 

Independent  Order  of  Odd  Fellows,  and 

' 

Kindred  Benevolent  Orders,  with 

»  -  I 

Insurance  Features. 

V.Uu-  A'  •  ;■  i  \  ; 

: 

.  - 

:  .1 


A  Review  of  the  Controversy,  Embracing  the  Correspondence 

7  .  A' 

between  the  Academy  and 

k,-  IB.  ellis3  nvc.  id.. 

Medical  Examiner  for  the  Orders,  at  Raleigh,  N.  C. 


RALEIGH,  N.  C.: 

Edwards,  Broughton  &  Co.,  Steam  Printers  and  Binders. 

18S5. 


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TIEI  IE 


RALEIGH  ACADEMY  OF  MEDICINE 


VS. 


The  Knights  of  Honor,  Knights  of  Pythias,  Royal 
Arcanum,  National  Union,  American  Legion  of 
Honor,  Knights  and  Ladies  of  Honor,  and 
Independent  Order  of  Odd  Fellows,  and 
Kindred  Benevolent  Orders,  With 
Insurance  Features. 


A'  Review  of  the  Controversy,  Embracing  the  Correspondence 

BETWEEN  THE  ACADEMY  AND 

JEl.  IB.  ELLIS,  TvT_  ID., 

Medical  Examiner  for  the  Orders. 


RALEIGH,  N.  C.: 

Edwards,  Broughton  &  Co.,  Steam  Printers  and  Binders. 

1885. 


To  the  members  of  the 


Knights  of  Honor,  Knights  of  Pythias,  Royal  Arcanum,  National 
Union,  American^Legion  of  Honor,  Knights  and  Ladies 
of  Honor,  and  Independent  Order  of  Odd 

Fellows, 

In  whose  interest,  and  for  whose  defence  the  following  pages  have  been  written, 

this  little  book 


Is  Respectfully  Dedicated 
by 

The  Writer. 


THE 


RALEIGH  ACADEMY  OF  MEDICINE 

VS. 

The  Knights  of  Honor,  Knights  of  Pythias,  Royal  Arcanum, 
National  Union,  American  Legion  of  Honor,  Knights  and 
Ladies  of  Honor,  and  Independent  Order  of  Odd 
Fellows,  and  Kindred  Benevolent  Orders,  with 
Insurance  Features. 


1.  Life  Insurance,  in  some  form,  is  beginning  to  be  re* 
garded  as  a  necessity,  especially  by  men  of  small  means; 
and  even  those  in  more  affluent  circumstances,  in  times  like 
the  present, — when  fortunes  are  lost  in  a  day, — have  resorted 
to  it  as  one  of  the  safest  means  of  providing  for  their  fam¬ 
ilies  in  case  of  sudden  disaster  or  death. 

2.  One  of  the  great  difficulties  which  have  to  be  encoun¬ 
tered  by  men  of  limited  means  and  uncertain  income, 
are  the  high  rates  charged  by  what  are  known  as  the  “  old 
line”  companies;  and  the  fact  that  premiums  are  required 
to  be  paid  only  annually,  or  semi-annually  at  best,  causes  a 
drain  upon  the  financial  ability  of  men  of  moderate  means, 
which  they  are  often  unable  to  stand  ;  and  the  consequence 
has  been,  and  in  such  cases  will  continue  to  be,  that  after 
paying  high  premiums  for  several  years,  many  are 
compelled  to  abandon  their  insurance  from  actual  inability 
to  pay  ;  and  as  years  roll  by,  and  men  grow  older,  even  if 
they  should  improve  their  financial  condition,  the  increased 
premiums,  in  consequence  of  increased  age,  deters  many 
from  re-insuring,  and  they  pass  away  without  any  provision 
for  their  families. 


4 


3.  To  meet  a  necessity  that  arose  from  this  state  of  af¬ 
fairs,  which  prevailed  from  one  end  of  the  land  to  the  other, 
and  to  provide  a  cheap,  safe  and  convenient  mode  of  insur¬ 
ance,  it  became  necessary  to  depart  from  the  old  mode, 
and  adopt  some  other  means  better  suited  to  the  financial 
condition  of  the  great  masses  of  the  people.  This  has  been 
done  by  the  inauguration  and  establishment  of  Secret  Be¬ 
nevolent  Societies  with  insurance  features,  such  as  the 
Royal  Arcanum,  Knights  of  Honor,  American  Legion  of 
Honor,  National  Union,  &c.,  &c.  The  objects  of  these  So¬ 
cieties  are  set  forth  in  their  own  publications,  and  are  all 
similar  in  their  character.  To  show  their  primary  object, 
the  following  quotations  are  made  from  their  publications  : 

THE  OBJECTS  OF  THE  ORDERS  ARE  : 

1.  To  unite  fraternally  all  white  men  of  sound  bodily  health,  and  good  mora^ 
character,  who  are  socially  acceptable  and  between  certain  ages. 

2.  To  give  all  moral  and  material  aid  in  their  power  to  the  members  and 
those  dependent  upon  them. 

3.  To  educate  its  members  socially,  morally  and  intellectually  ;  also,  to 
assist  the  widows  and  orphans  of  deceased  members. 

4.  To  establish  a  fund  for  the  relief  of  sick  and  distressed  members. 

5.  To  establish  a  Widows’  and  Orphans’  Benefit  Fund,  from  which,  on  the 
satisfactory  evidence  of  the  death  of  a  member  of  the  Order,  who  has  complied 
with  all  its  lawful  requirements,  a  specified  sum  shall  be  paid  to  his  family  or 
those  dependent  upon  him  as  he  may  direct. 

A  strict  medical  examination  is  required  to  be  made  by  a  physician  who  is  a 
member  of  the  Order. 

SICK  BENEFITS. 

To  promote  the  fourth  object  of  the  Orders,  there  is  a  provision  of  the  Sub¬ 
ordinate  Constitutions  that  “  any  member  in  good  standing,  and  not  in  arrears 
for  dues  or  fines,  having  six  months  previously  obtained  the  degree,  who  may 
become  disabled,  by  sickness  or  other  disability,  from  following  his  usual  busi¬ 
ness  or  some  other  occupation,  shall  receive  from  the  funds  of  his  Council  such 
weekly  benefits  (to  be  paid  weekly)  as  his  Council  may  in  its  By-Laws  prescribe, 
which  shall  not  be  less  than  one  dollar  per  week  and  there  are  the  usual 
guards  against  imposition.  Under  this  provision  should  a  member  become  per¬ 
manently  incapacitated  for  work,  the  income  from  his  sick  benefit  will  be  am¬ 
ple  to  pay  his  assessments,  and  ultimately  secure  to  his  family  the  amount  of 
his  policy. 


5 


FRATERNAL  CHARACTER. 

The  Order  is  not  an  Insurance  Company.  One  of  its  chief  objects,  however, 
is  to  provide  the  families  of  its  members  with  a  death  benefit  at  actual  cost,  and 
thus  enable  worthy  persons  to  secure  needed  protection,  who  cannot  afford  to 
pay  the  high  rates  charged  by  Insurance  Companies.  The  members  form  a 
vast  fraternity  held  together  by  mutual  interests  and  cemented  by  a  spirit  of 
brotherhood  which  is  fostered  in  the  Council  rooms. 

Constitutions  and  By-Laws  were  adopted,  and  all  the  nee 
essary  safe-guards  provided  against  imposition  and  fraud. 
One  of  which  was  that  “  a  strict  medical  examination  was 
required  to  be  made  by  a  physician  zvho  must  be  a  member 
of  the  Order  f  and  the  applicant  for  admission  must  be  of 
good  character,  of  sober  habits,  and  engaged  in  some  hon¬ 
orable  vocation,  and  well  recommended,  &c.,  &c. 

Recognizing  the  benevolent  features  of  these  Orders, 
the  Legislature  of  the  State  classifies  them  with  other 
charitable  organizations  and  exempts  them  from  taxation- 

The  following  quotation  is  made  from  the  Revenue  Act 
of  1883  : 

What  propei'ty  exempt  from  taxation  : 

The  property  belonging  to  and  set  apart,  and  exclusively  used  for  the  univer¬ 
sity,  colleges,  institutions  of  learning,  academies,  the  Masonic  fraternity,  order 
of  Odd  Fellows,  Knights  of  Pythias,  Independent  Order  of  Mechanics,  Good 
Templars  and  Friends  of  Temperance,  Knights  of  Honor,  Good  Samaritans 
and. Brothers  and  Sisters  of  Lo#’  and  Charity,  Royal  Arcanum,  Hibernian  Be¬ 
nevolent  Society  of  Wilmington,  schools  for  the  education  of  the  youth,  or  sup¬ 
port  of  the  poor  and  afflicted,  orphan  asylum —  *  *  *  *  * 

Similar  exemptions  have  been  made  by  every  other  State  in 
the  Union  where  these  orders  exist.  That  they  are  properly 
classified  and  are  regarded  as  benevolent  institutions  is 
proven  by  the  fact  that  in  the  same  act  that  exempts  them 
from  taxation  places  a  tax  upon  insurance  companies. 

As  another  evidence  that  they  are  properly  classified,  at 
a  meeting  of  the  State  Medical  Convention  held  in  Wilming¬ 
ton,  N.  C.,  in  1880,  that  learned  body  decided  that  the  law 
of  the  Society  requiring  $5  as  the  minimum  fee  for  examina¬ 
tions  for  applicants  for  insurance  in  the  regular  companies* 


6 


did  not  apply  to  these  benevolent  orders.  See  proceedings 
State  Medical  Society,  1880,  page  4,  as  follows: 


Dr.  Long  asked  if  the  law  requiring  $5  as  the  minimum  fee  for  the  examina¬ 
tion  of  candidates  for  insurance  applied  to  the  examination  of  candidates  for  a 
Mystic  Order  with  a  beneficiary  or  insurance  feature.  After  much  discussion 
the  sense  of  the  meeting  was  taken  and  it  was  decided  that  it  did  not  apply  to 
examination  of  candidates  for  such  orders  as  the  Knights  of  Honor,  &c.,  &c. 

This  action  of  the  State  Medical  Society  is  in  strict  keep¬ 
ing  with  the  spirit  and  rulings  of  ail  other  State  Medical 
Societies,  and  the  practice  of  the  medical  profession  every¬ 
where,  except  in  Raleigh. 


The  preceding  statements  and  explanations  relative  to  the 
character  and  objects  of  these  Beneficiary  Societies  having 
an  insurance  feature,  have  been  rendered  necessary  to  a 
thorough  comprehension  of  a  long  suppressed  controversy 
between  the  Raleigh  Academy  of  Medicine  and  myself. 

I  became  a  member  of  the  Raleigh  Academy  of  Medicine 
in  1877,  my  relations  with  the  Academy  as  an  organization, 
and  with  its  members  personally,  being  pleasant  and  agree¬ 
able,  so  far  as  I  ever  knew,  until  December,  1881. 

At  this  time  a  number  of  these  Benevolent  Societies,  with 
an  insurance  feature,  had  been  introduced  into  this  State, 
and  several  Lodges  and  Councils  instituted  in  the  city  of 
Raleigh.  By  reason  of  their  benevolent  and  social  features, 
and  their  low  and  accommodating  rates  of  insurance,  they 
had  become  very  popular,  especially  with  that  class  of  our 
citizens  who  were  unable  to  pay  the  high  rates  charged  by 
the  “Old  Line”  insurance  companies.  Being  favorably  im¬ 
pressed  with  their  advantageous  features,  I  had  become  a 
member  of  some  of  these  orders,  and  had  been  elected  their 
Medical  Examiner.  And  yet,  notwithstanding  their  purely 
benevolent  character,  and  in  face  of  the  rulings  of  the  State 
Medical  Society,  as  quoted  above,  the  Raleigh  Academy  of 


7 


Medicine,  which  is  only  auxiliary  to  the  State  Medical  Soci¬ 
ety,  took  the  untenable  and  unreasonable  ground  that  its 
members  should  not  examine  for  these  orders  for  less  than 
five  dollars,  assuming  a  position  in  direct  conflict  with  the 
State  Society,  and  with  the  State  Legislature,  which  had 
classed  them  with  other  charitable  organizations. 

The  action  of  the  Raleigh  Academy  of  Medicine,  taken 
in  December,  1881,  was  for  the  purpose  of  preventing  my 
making  any  further  examinations  for  these  orders  for  less 
than  a  fee  of  five  dollars,  while  at  the  very  time  when  such 
action  was  taken  two  other  members  of  the  Academy  were 
examining  for  two  dollars,  the  same  fee  that  I  was  receiv¬ 
ing;  and  another  had  been  examining  by  contract  for  $12.50 
per  month,  regardless  of  the  number  of  examinations  made, 
and  whose  fees,  as  the  record  shows,  were  less  per  capita 
than  one-half  of  five  dollars.  These  facts  were  not  unknown 
to  the  members  of  the  Academy,  but  the  u  Old  Line”  com¬ 
panies  were  suffering,  and  the  business  of  members  of 
the  Academy  was  diminishing,  so  a  stop  must  be  put  to  it. 
Action  must  be  taken,  and  there  must  be  a  victim.  Who 
should  it  be?  Lots  were  not  cast,  as  in  the  case  of  Jonah 
of  old,  but  as  the  object  was  the  crushing  out  of  the  benev¬ 
olent  orders,  and  as  it  could  be  done  more  effectually  by 
sacrificing  one  who  had  done  most  of  the  professional  ser¬ 
vice  for  them,  by  common  consent,  he  was  chosen  as  the 
victim.  It  well  suited  their  purpose  that  I  occupied  the 
position  I  did  at  the  time,  because  I  have  reason  to  know 
that ‘some  of  the  members  of  the  Academy  were  quite  as 
anxious  to  crush  me  out  as  they  were  to  destroy  the  useful¬ 
ness  of  the  benevolent  orders  whose  examiner  I  had  been  ; 
and  the  occasion  gave  them  a  fine  opportunity  of  verifying 
the  old  adage  of  “  killing  two  birds  with  one  stone.”  The 
sequel  shows,  however,  that  in  this  they  were  mistaken,  for 
the  stone  rebounded  and  wounded  some  of  those  who  were 
most  anxious  to  see  it  thrown,  yet  had  not  the  individual 
courage  to  throw  it  themselves. 


8 


The  first  open  declaration  of  war  on  me  by  the  Academy 
was  made  at  its  regular  monthly  meeting,  held  on  the  7th 
day  of  December,  1881,  at  which  time  formal  charges  or 
allegations  were  preferred  against  me  for  a  violation  of  the 
Fee  Bill,  in  that  I  had  examined  applicants  for  membership 
in  the  Royal  Arcanum  and  Knights  of  Honor  for  less  than 
five  dollars.  (I  give  the  purport  of  the  resolution  but  not 
the  exact  language.)  And  a  committee  was  appointed  to 
wait  on  me  and  hear  what  explanation  I  had  to  offer.  Upon 
being  informed  of  this  action,  I  immediately  wrote  Dr.  W. 
J.  H.  Bellamy,  Supreme  Medical  Examiner  of  the  Knights 
of  Honor  for  North  Carolina,  informing  him  of  the  action 
of  the  Academy,  and  he  very  courteously  and  promptly  re¬ 
plied,  as  follows  : 


Office  of 

State  Medical  Examiner  K.  of  H.  of  North  Carolina, 

Wilmington,  N.  C.,  Dec.  15,  1881. 

R.  B.  Ellis,  M  D.,  Raleigh,  N.  C.: 

Dear  Doctor  and  Brother : — In  reply  to  yours  of  the  15  th  inst.,  relative  to 
fee  for  medical  examinations  of  applicants  for  membership  in  the  Knights  of 
Honor,  I  will  state,  that  here  in  the  city  of  Wilmington,  the  fee  of  one  dollar 
is  paid  by  the  Lodge  for  each  examination.  The  Order  of  Knights  of  Honor 
is  not  an  insurance  society,  but  a  benevolent  institution,  that  can  well  be  com¬ 
pared  to  the  Odd  Fellows.  Sick  benefits  and  death  benefits  are  paid  as  in  the 
Odd  Fellows — the  plan  or  manner  of  assessment  being  somewhat  different,  'tis 
true.  The  sick  are  visited,  the  needy  are  supplied,  and  charitable  deeds  done 
almost  daily.  The  examinations  are  made  by  a  brother  for  the  benefit  of 
brethren. 

I  am  Secretary  of  the  New  Hanover  County  Medical  Association,  and  that 
body  has  decided,  and  it  has  been  advertised  to  that  effect,  that  the  usual  law 
requiring  examiners  for  life  insurance  to  charge  a  fee  of  five  dollars  or  more 
shall  not  refer  to  examinations  made  for  secret  societies  in  our  midst.  Our 
society  is  auxiliary  to  the  State  Medical  Society.  The  State  Medical  Society 
has  never  ruled  that  we  cannot  charge  less  than  five  dollars  for  this  honorable 
work  of  ours,  and  I  venture  the  assertion  never  will.  The  medical  examiner  does 
not  compete  with  other  medical  men  in  this  work.  Only  those  doctors  who  are 
members  of  the  order  make  examinations  for  the  order.  I  will  say  that  Dr.  Geo. 
G.  Thomas,  Dr.  W.  J.  Love,  Dr.  F.  W.  Potter,  all  members  of  the  State  Med- 


« 


9 


acal  Society,  and  the  New  Hanover  County  Medical  Society,  have,  and  do  make 
examinations  for  secret  societies,  and  do  not  charge  five  dollars  either.  Excuse 
haste  and  hurried  manner. 

Yours  in  haste, 

[Signed]  W.  J.  H.  Bellamy, 

State  Medical  Examiner. 


On  the  1 8th  day  of  December  I  was  waited  upon  by  the 
committee  above  referred  to,  who  informed  me  that  a  called 
meeting  of  the  Academy  would  be  held  the  next  evening, 
and  requested  me  to  be  present.  I  did  attend,  and  when 
called  upon  for  my  defence,  I  endeavered  to  the  best  of  my 
ability  to  show  to  the  Academy  that  they  were  the  parties 
in  error,  and  that  I  had  done  nothing  inconsistent  with  my 
duty  as  a  physician,  or  with  my  obligations  as  a  member  of 
the  Academy.  I  reminded  them  of  the  fact  that  the  Fee 
Bill  relative  to  examinations  for  life  insurance  was,  as  every 
Fellow  well  knew,  based  upon  the  action  of  the  State  Med¬ 
ical  Society,  and  that  the  fee  of  five  dollars  applied  exclu¬ 
sively  to  insurance  companies — to  what  is  known  as  the  “  Old 
Line  ”  or  Joint  Stock  Companies  ;  that  the  orders  for  which 
I  had  been  examining  wrere  purely  benevolent  in  character, 
and  were  so  regarded  by  the  laws  of  the  State,  by  the  State 
Medical  Society,  and  by  the  profession  everywhere  outside 
of  Raleigh  ;  that  I  exceedingly  regretted  to  know  that  the 
organization  of  which  I  was  a  member  should  take  such  an 
untenable  position  ;  that  my  action  was  in  strict  keeping 
with  the  practice  of  the  entire  medical  profession  ;  and  rather 
than  abandon  the  orders  that  had  elected  me  as  their  Med¬ 
ical  Examiner,  and  yield  a  position  I  knew  to  be  right  for 
one  I  knewr  to  be  wrong,  I  would  not  hesitate  to  sever  my 
connection  with  the  Academy. 

After  three  hours  discussion  of  the  matter  it  was  decided 
that  I  must  charge  five  dollars,  BUT  (that  little  word  but  is 
very  convenient  sometimes — almost  as  convenient  as  some 
men’s  consciences)  could  donate  any  part  of  said  fee  to  the 
benevolent  orders.  “  Whipping  the  devil  around  the  stump  ” 


IO 


is  a  phrase  sometimes  used  as  applicable  to  those  who  have 

not  the  moral  courage  to  defend  honest  convictions,  and 

may  be  allowable  in  the  ward  politician,  but  who  can  defend 

such  a  subterfuge  when  taken  advantage  of  by  the  most 

*  ' 

learned  and  honorable  profession  in  the  land  ? 

Thus  ended  the  first  open  conflict  between  the  Raleigh 
Academy  of  Medicine  and  myself,  in  regard  to  examinations 
for  the  benevolent  orders,  with  insurance  features.  The  re¬ 
sult  was  not  unsatisfactory  to  myself. 

Nothing  further  was  heard  from  the  matter  until  the  fol¬ 
lowing  May.  In  the  meantime  these  benevolent  orders  had 
made  such  progress  in  both  numbers  and  popularity  that 
the  members  of  the  Academy  who  were  examining  for  the 
“  Old  Line  ”  insurance  companies  saw  clearly  that  something 
must  be  done,  and  that  soon,  or  all  the  Life  would  be  taken 
out  of  their  companies  and  nothing  but  the  Fire  left,  and 
that  that  branch  of  insurance  would  not  likely  want  any  ex¬ 
aminations  at  five  dollars  per  capita.  So  on  May  3d,  1882, 
at  the  Secretary  s  office,  (not  at  the  Academy  Rooms)  the  fol  - 
lowing  proceedings  were  had  : 

Raleigh,  N.  C.,  May  3d,  1882, 

Regular  monthly  meeting,  held  at  Secretary’s  office.  Present,  Drs.  E.  B. 
Haywood,  President  ;  P.  E.  Hines,  McKee,  McGee,  Royster,  Hubert  Hay¬ 
wood  and  Knox. 

The  minutes  of  last  meeting  read  and  approved. 

Unfinished  Business. — x\fter  considerable  discussion  on  the  subject  of  the 
fee  for  life  insurance  examinations,  Dr.  McKee  moved  that  the  fee  for  physical 
examinations  of  applicants  for  life  insurance  shall  invariably  be  five  dollars 
($5.00)  in  all  cases,  whether  for  insurance  companies  with  assets  amounting  to 
millions ,  or  for  the  so-called  benevolent  and  charitable  organizations. 

Dr.  Knox  offered  an  amendment  to  this  motion  that  in  all  cases  where  a 
urinary  examination  is  required,  an  additional  fee  of  five  dollars  be  charged 
therefor.  The  motion  as  amended  was  adopted. 

Dr.  Knox  then  offered  the  following  resolution  : 

Whereas,  The  action  of  the  Academy  in  so  construing  its  resolution  relat¬ 
ing  to  the  fee  for  life  insurance  examinations  as  to  permit  an  examiner  to  donate 
a  part  or  the  whole  of  his  fee  to  the  so-called  “  Benevolent  Associations,”  seems 
to  have  disturbed  the  stability  of  the  fee  for  such  examinations  ;  therefore  it  is 


now 


Resolved ,  That  so  much  of  the  minutes  of  the  meeting  of  December  19th, 
1SS1,  as  relates  to  the  aforesaid  construction  of  its  said  resolution  by  the  Acad¬ 
emy  be,  and  the  same  is,  hereby  rescinded. 

The  resolution  was  unanimously  adopted,  and  the  Secretary  was  instructed  to 
notify  the  Fellows  who  were  absent  of  its  passage. 

t 

It  was  nearly  twelve  months  after  the  passage  of  these 
resolutions,  however,  before  I  was  officially  notified  of  their 
existence.,  as  the  following  letter  will  show  : 


Dr.  R.  B.  Ellis  : 


Raleigh,  N.  C.,  March  19th,  1883. 


Dear  Doctor : — At  a  recent  meeting  of  the  Raleigh  Academy  of  Medicine 
the  following  resolution  was  adopted,  and  the  Secretary  instructed  to  notify 
those  members  not  present  of  its  passage  : 

“Whereas,  The  action  of  the  Academy,  in  so  construing  its  resolution  reht- 
ing  to  the  fee  for  life  insurance  examinations  as  to  permit  an  examiner  to  donate 
a  part  or  the  whole  of  his  fee  to  so-called  “  Benevolent  Associations”  seems  to 
have  disturbed  the  stability  of  the  fee  for  such  examinations  ;  therefore  it  is 
now 

“ Resolved ,  That  so  much  of  the  minutes  of  December  19th,  1881,  as  relates 
to  the  aforesaid  construction  of  its  said  resolution  be,  and  the  same  is  hereby 
rescinded.” 


Very  respectfully, 


A.  W.  Knox, 

Secretary  Raleigh  Academy  of  Medicine. 


Of  course  I  knew  that  these  resolutions  were  intended  as 
a  direct  assault  upon  the  “  so-called  ”  “  Benevolent  and  Char¬ 
itable  Orders,"  and  were  never  intended  to  be  enforced  as 
to  the  “  insurance  companies  with  assets  amounting  to  mil¬ 
lions,"  and  that  such  companies  were  only  named  as  a  blind 
to  conceal  the  true  and  only  object  of  the  resolutions  ;  for 
the  Academy  well  knew  that  there  was  not  a  life  insurance 
company  in  the  land  that  would  pay  ten  dollars  for  an  ex¬ 
amination  unless  the  policy  was  for  at  least  ten  thousand 
dollars.  Understanding  as  I  did  the  animus  of  the  resolu¬ 
tions,  I  paid  no  attention  to  them,  but  continued  to  pur¬ 
sue  the  even  tenor  of  my  way,  as  though  no  such  action  had 
been  taken  ;  for  I  felt  under  no  obligations  to  observe  them, 


12 


knowing,  as  I  did,  that  they  were  in  plain  violation  of  the 
rulings  of  the  State  Medical  Society. 

On  the  1 6th  of  April,  1883,  the  following  letter  was  left 
at  my  office  : 


Raleigh,  N.  C.,  April  16th,  1883. 

Dr.  R.  B.  Ellis,  Raleigh,  N.  C.: 

Dear  Sir  : — I  am  instructed  by  a  resolution  of  the  Academy  of  Medicine  to 
invite  you  to  appear  before  the  Academy  at  its  adjourned  meeting,  to  be  held 
on  Wednesday  evening  at  8  o’clock,  April  18th,  1883,  to  give  an  explanation  as 
to  certain  alleged  violations  of  the  Fee  Bill  and  Code  of  Ethics. 

Very  respectfully  yours, 

James  McKee,  M.  D., 
Secretary  Raleigh  Academy  of  Medicitte. 


I  fully  intended  to  be  present  at  the  meeting  of  the  18th, 
and  in  person  offer  “an  explanation  as  to  certain  alleged 
violations  of  the  Fee  Bill  and  Code  of  Ethics,”  but  had 
been  called  to  the  country  to  hold  a  Coroner’s  inquest,  and 
did  not  return  in  time.  This  meeting  was  adjourned  until 
the  23d  of  the  same  month,  when  I  was  again  unable  to  be 
present,  in  consequence  of  professional  engagements. 

Being  fully  as  anxious  to  make  “an  explanation”  of  my 
conduct  as  the  Fellows  were  to  hear  it,  and  having  been  un¬ 
avoidably  absent  from  the  two  meetings  above  referred  to, 
the  very  next  day  after  the  last  meeting,  I  addressed  the 
following  note  to  the  Secretary  of  the  Academy : 

Raleigh,  N.  C.,  April  24th,  1883. 

Dr.  James  McKee,  Raleigh,  N.  C.: 

Dear  Sir  : — I  was  unavoidably  prevented  from  attending  the  meetings  of  the 
Academy  on  the  18th  and  23d  inst.,  by  reason  of  official  and  professional  en¬ 
gagements  ;  and  as  I  am  anxious  to  dispose  of  the  matter  in  controversy  at 
once,  please  furnish  me  with  a  copy  of  the  charges,  and  I  will  file  a  written 
“  explanation,”  so  that  there  shall  be  no  possible  room,  on  the  part  of  my  Fel¬ 
lows,  or  any  one  else,  to  mistake  my  position. 

Very  respectfully, 


R.  B.  Ellis,  M.  D. 


13 


Instead  of  furnishing  me  with  a  copy  of  the  charges 
asked  for,  or  even  acknowledging  the  reception  of  my  letter, 
on  the  30th  of  April,  I  received  the  following  communica¬ 
tion  from  the  Secretary : 


Raleigh,  N.  C.,  April  30th,  1883. 

R.  B.  Ellis,  M.  D  ,  Raleigh,  N.  C. 

My  Dear  Sir : — The  Academy,  at  its  adjourned  meeting,  on  account  of 
your  absence,  adjourned  to  meet  at  8  o’clock  on  Wednesday,  May  2d,  in  reg¬ 
ular  session,  at  which  time  the  Academy  will  be  pleased  to  see  you  and  enter¬ 
tain  any  explanation  you  may  make. 

By  order  of  the  Academy, 

I  am  very  truly  yours, 

James  McKee,  M.  D., 
Secretary  Raleigh  A cademy  of  Medicine. 

The  frequent  meetings  being  held  by  the  Academy  about 
this  time,  and  the  failure  to  furnish  me  with  a  copy  of  the 
charges,  were  calculated  to  confirm  me  in  the  opinion  that 
1  should  have  a  copy  of  them  in  order  to  know  of  what  I 
was  charged,  and  prepare  my  defense,  before  appearing  be¬ 
fore  a  tribunal  that  was  to  pass  on  my  guilt  or  innocence.. 

It  is  not  only  wrong  in  principle  but  is  in  direct  conflict 
with  the  spirit  and  genius  of  our  institutions  to  place  one 
on  trial  without  first  letting  him  know  what  the  accusations 
against  him  are ;  and  I  saw  clearly  enough  by  this  time  that 
it  was  the  purpose  of  the  Academy  to  take  me  at  a  disad¬ 
vantage  ;  if  not,  why  withhold  the  information  sought?  I 
therefore  at  once  resolved  not  to  be  caught  in  any  such 
trap.  'Therefore,  the  following  note  was  addressed  to  the 
Secretary : 


Raleigh,  N.  C.,  May  1st,  1883. 

Dr.  James  McKee, 

Secretary  Raleigh  Academy  of  Medicine ,  Raleigh,  N.  C. 

Dear  Sir  : — Your  favor  of  the  30th  ult.  is  received  and  contents  noted.  As 
I  am  unable  to  “  explain”  a  matter  I  know  nothing  about,  1  again  respectfully 
call  for  a  copy  of  the  charges  and  specifications. 

Yours  very  respectfully, 


R.  B.  Ellis,  M.  D. 


14 


No  reply  was  made  to  this  communication.  The  Acad¬ 
emy  fully  realized  the  fact  that  they  were  treading  upon 
volcanic  ground  and  moved  as  cautiously  as  though  they 
expected  an  eruption  at  any  moment,  or  that  a  mine  of  dy¬ 
namite  would  be  exploded  in  their  midst. 

^The  next  move  by  the  Academy,  on  the  chess-board  of 
unprofessional  warfare,  was  the  appointment  of  a  com. 
mittee  to  wait  upon  me  in  person.  When  the  committee 
came  and  informed  me  of  their  mission,  I  again  demanded 
a  copy  of  the  charges. 

“  No  charges  !  No  charges  !  ”  quickly  responded  the  chair, 
man  of  the  committee.  “Oh  no!  Oh  no !  no  charges.  I 
only  stated  to  the  Academy  that  some  days  ago,  in  the  set¬ 
tlement  of  an  account,  the  party  complained  that  I  had 
charged  him  more  than  you  did  ;  but  the  main  thing  was  in 
regard  to  examination  fees  ” 

“Well,  sir,”  said  I,  “if  I  was  disposed  to  run  to  the 
Academy  every  time  similar  complaint  is  made  to  me,  I 
would  have  some  of  you  in  hot  water  nearly  all  the  time ! 
But  if  any  one  doubts  my  charging  the  regular  fee  bill  rates, 
allow  me  to  say  that  my  books  are  open  to  inspection 
at  any  time.  That  I  have  to  compromise  many  of  my  ac¬ 
counts,  I  do  not  deny,  for  it  is  well  known  by  every  Fellow 
of  the  Academy  that  the  working  class,  as  a  rule,  are  not 
able  to  pay  our  full  rates  where  any  considerable  amount  of 
professional  service  is  required.  But  so  far  as  exami¬ 
nation  fees  for  the  benevolent  societies  with  insurance  features 
are  concerned,  I  make  no  pretentions  that  I  charge  more 
than  $2;  but  if  I  should  be  called  upon  to  examine  for  any 
*  Old  Line  ’  companies,  whose  object  is  money-making,  I 
should  certainly  charge  the  fee  bill  rates  for  such  examina¬ 
tions,  in  obedience  to  the  rulings  of  the  State  Society.” 

After  some  further  conversation,  which  was  conducted  in 
a  most  friendly  manner,  the  committee  retired. 

“No  charges!”  Well  there  must  be  something,  but  what 
that  something  was,  it  seemed  I  would  never  be  able  to  as- 


i5 


certain.  The  Secretary  had  failed  to  furnish  me  with  a 
copy  of  the  charges,  if  there  were  any,  and  the  distinguished 
physician  who  was  chairman  of  the  committee  to  wait  on 
me  had  stated  that  there  were  “No  charges!  Oh,  no, 
no  charges !  *' 

On  the  day  following  the  interview',  above  referred  to,  I 
addressed  the  following  note  to  Dr.  P.  E.  Hines: 


Dr.  P.  E.  Hines,  Raleigh,  N.  C. 


Raleigh,  N.  C.,  May  7th,  1883. 


Dear  Sir  : — I  shall  consider  it  as  a  personal  favor  to  me  if  you  will  be  good 
enough  to  furnish  me  in  writing  the  exact  matter  that  the  Academy  of  Med¬ 
icine  wishes  me  to  “  explain.” 

After  the  conference  I  had  with  you  and  Dr.  Royster  on  Thursday  last,  I 
made  up  my  mind  to  attend  the  next  meeting  of  the  Academy,  and  should 
have  done  so  but  for  the  heavy  rain  that  fell  at  the  time.  I  will  say  candidly, 
however,  that  I  really  feel  very  sore  on  this  old  examination  matter,  and  upon 
more  mature  reflection,  I  very  much  doubt  the  propriety  of  my  attempting  to 
conduct  an  oral  discussion  of  it  again.  I  have,  therefore,  concluded  to  fur¬ 
nish  the  Academy  a  written  “  explanation,”  and  will  proceed  to  do  so  at  the 
earliest  possible  moment  if  I  get  the  information  sought. 

Yours  very  truly, 


R.  B.  Ellis,  M.  D. 


A  few  days  thereafter  I  received  the  following  note,  en¬ 
closing  the  annexed  resolution  : 


Raleigh,  N.  C.,  May  nth,  1883. 

Dr.  R.  B.  Ellis  : 

Dear  Sir : — I  am  in  receipt  of  your  letter  and  I  am  sorry  not  to  have  an¬ 
swered  .it  sooner.  There  was  no  meeting  of  the  Academy  on  last  Saturday 
night;  but  I  am  informed  that  there  will  be  a  called-meeting  on  next  Saturday 
night. 

I  enclose  the  copy  of  the  resolution  under  which  Dr.  Royster  and  myself 
acted.  You  will  observe  there  are  no  charges,  but  that  a  statement  was  made, 
&c.  I  hope  you  will  be  present  and  make  the  statement  you  made  to  Dr.  Roy¬ 
ster  and  myself,  reading  the  law  of  the  State,  the  objects  of  the  associations 

» 

&c.,  from  their  books,  &c.  I  am  free  to  say  that  your  statement  made  an  im¬ 
pression  more  favorable  to  these  associations  than  any  that  were  heard  before. 
Bring  Dr.  Bellamy’s  letter  also. 

I  am  very  truly  yours, 


P.  E.  Hines. 


i6 


[Extract  from  Minutes .] 

*********  **** 

On  motion,  it  was  ordered  that  a  committee  of  two  he  appointed  by  the  Pres¬ 
ident  to  wait  on  Dr.  Ellis,  and  inform  him  that  certain  statements  had  been 
made,  by  which  it  appeared  that  he  had  violated  the  provisions  of  the  Fee  Bill, 
and  the  Academy  desired  that  he  should  make  an  explanation  of  the  seeming 
violation  of  the  Fee  Bill.  The  President  appointed  Drs.  Hines  and  Royster  on 
the  committee. 

This  is  an  exact  copy  of  the  extract  from  the  minutes  of  the  regular  meeting, 
heid  on  Wednesday  night,  May  2d,  1883. 

James  McKee,  M.  D., 
Secretary  Raleigh  Academy  of  Medicine . 

Now,  I  did  not  ask  for  the  authority  of  the  committee 
to  wait  on  me.  I  took  it  for  granted  of  course  that  they 
were  properly  authorized  to  do  so.  What  I  wanted,  was 
a  copy  of  the  charges ,  or  if  there  were  no  charges,  then  a 
statement  of  the  matters  complained  of.  Of  what  use  to 
me  was  a  copy  of  the  resolutions  under  which  the  commit¬ 
tee  acted?  Their  authority  had  never  been  questioned.  I 
was  still  in  the  dark,  and  my  brethren,  including  the  dis- 
tinguishd  chairman,  would  not  enlighten  me. 

What  I  wanted  was  a  copy  of  the  charges  or  allegations 
referred  to  in  the  letter  of  the  Secretary,  under  date  of 
April  16th,  1883,  in  which  I  was  invited  to  “appear  before 
the  Academy,  to  give  an  explanation  as  to  certain  alleged 
violations  of  the  Fee  Bill  and  Code  of  Ethics.” 

My  frequent  applications  for  a  copy  of  the  allegations 
had  been  unsuccessful,  and  the  only  written  information 
that  I  was  able  to  obtain  was  the  resolution  that  was 
adopted,  appointing  a  committee  to  wait  on  me  in  person. 
It  was  perplexing  to  me,  and  I  could  not  understand  why 
the  Academy  should  go  to  all  the  trouble  to  have  two  of 
its  members  call  on  me  in  person,  when  the  information 
sought  could  have  been  furnished  by  the  Secretary  in  ten 
minutes. 

After  so  many  repeated  efforts  to  obtain  a  copy  of  the 
“allegations”  and  having  failed,  that  the  Academy  should 
have  no  cause  to  charge  me  with  taking  advantage  of  its 
conduct,  I  concluded  to  explain  and  did  so  by  letter,  as  fol¬ 
lows  : 


i7 


Raleigh,  N,  C.,  July  12th,  1883. 

To  the  President  and  Fellows  Raleigh  Academy  of  Medicine  : 

Gentlemen: — I  am  in  receipt  of  a  letter  from  Dr.  Hines,  dated  the  nth 
mst.,  enclosing  a  copy  of  the  resolution  of  the  Academy,  passed  May  2d,  1883. 

I  desire  to  call  your  attention  to  the  fact  that  Dr.  McKee,  the  Secretary  of 
the  Academy,  addressed  me  a  communication  on  the  16th  of  April,  in  which 
he  requested  me  to  appear  before  the  Academy  and  explain  certain  alleged  vio¬ 
lations  of  the  Fee  Bill,  &c.  I  requested  a  copy  of  the  charges,  but  instead  of 
receiving  them,  I  was  waited  on  by  Doctors  Hines  and  Royster,  a  committee 
appointed  under  the  resolution  of  May  2d,  who  stated  in  person  to  me  what  the 
complaints  were.  And  now  you  send  me  a  copy  of  the  resolution  passed  severa 
days  subsequent  to  the  letter  of  Dr.  McKee.  Why  was  I  not  furnished  with  a 
copy  of  the  original  complaint?  It  seems  to  me  that  I  am  entitled  to  a  copy 
of  all  the  allegations  that  have  been  made.  However,  as  I  have  no  desire  to 
be  captious  about  the  matter,  and  to  show  the  Academy  that  I  am  sincere  in 
my  conduct,  and  have  no  disposition  to  evade  any  point  or  avoid  any  responsi¬ 
bility  that  may  attach  to  my  action,  I  proceed  to  “  explain”  the  matter  to  the 
best  of  my  ability. 

I  desire  to  say,  just  here,  that  the  matter  may  be  understood  in  the  beginning, 
that  no  physician,  unless  he  be  a  member,  can  act  as  examiner  for  one  of  these 
Orders  ;  (See  Const’n  Am.  Leg.  Honor,  page  37,  sec.  2,  Art.  XI,)  therefore, 
there  can  be  no  violation  of  the  Fee  Bill  in  the  sense  in  which  it  is  charged,  nor 
competition  with  other  medical  men  who  are  not  members  of  the  Orders. 

What  are  the  objects  of  these  orders?  Let  us  see  by  reference  to  their  own 
publications:  1  refer  you  first  to  The  Royal  Arcanum,  a  paper  published  in  the 
interest  of  that  order,  dated  April,  1883,  page  8. 

Now,  as  to  the  fees  allowed  by  these  orders  for  medical  examinations,  I  first 
call  your  attention  to  By-Laws  of  Oak  City  Lodge,  Knights  of  Honor,  No. 
4I9>  Pagfc  4>  sec-  3  1  Constitution  and  Laws  National  Union,  page  44,  sec.  4  ; 
extract  from  By-Laws  Raleigh  Council  No.  551,  Royal  Arcanum,  page  2,  sec. 
2.  And  I  might  continue  reference  to  others  of  a  similar  character,  but  deem 
these  sufficient.  I  also  call  your  attention  to  the  letter  of  Dr.  Bellamy,  of  Wil¬ 
mington,  (a  copy  of  which  I  inclose)*  fully  justifying  and  sustaining  my  posi¬ 
tion  in  this  matter.  I  also  call  your  attention  to  the  fact  that  even  our  State 
laws  do  not  class  these  orders  with  the  regular  insurance  companies.  See  Rev¬ 
enue  Laws  18S3,  page  29,  sec.  12. 

Moreover,  I  would  respectfully  ask  if  examining  for  these  orders  is  any  more 
of  a  violation  of  the  Fee  Bill,  in  letter  or  spirit,  than  the  practice  for  a  specified 
sum  in  our  penal  and  charitable  institutions,  or  the  free  practice  in  hospitals  and 
in  the  families  of  ministers  of  the  gospel.  Again,  if  I  am  credibly  informed, 

I  am  not  the  only  member  of  the  Academy  who  has  examined  for  less  than  the 
fee  of  five  dollars.  I  make  no  charge  or  complaint  against  them,  but  it  seems. 


*The  letter  of  Dr.  Bellamy  referred  to  appears  on  page  8,  supra. 

2 


i8 


a  little  singular  that  I  should  be  singled  out  as  the  only  one  who  has  “seemingly’’ 
been  guilty  of  an  irregularity  in  this  matter.  And  it  seems  doubly  strange  that 
the  matter  should  be  revived  at  this  time,  when  it  is  well  known  that  this  whole 
matter  was  fully  discussed,  and  I  thought  amicably  settled  some  eighteen 
months  ago.  Believing  that  this  settlement  of  the  question  was  a  finality  of 
the  matter,  and  feeling  at  full  liberty  to  continue  the  examinations,  I  made  a 
contract  with  these  organizations  in  accordance  with  their  laws.  I  ask  you, 
gentlemen  of  the  Academy,  if  you  propose  to  place  me  under  the  alternative 
of  receiving  your  censure  for  a  violation  of  our  medical  rules,  or  of  violating  a 
legal  contract  ?  Put  yourself  in  my  place. 

Now,  gentlemen,  if  this  explanation  is  not  satisfactory,  I  beg  that  you  will 
furnish  me  with  a  copy  of  the  specific  charges  that  have  been,  may  or  can  be 
made,  and  it  will  give  me  pleasure  to  explain  fully,  if  not  satisfactorily. 

R.  B.  Ellis,  M.  D. 

Memoranda. — In  justice  to  myself,  and  that  the  record  may  be  complete,  I 
respectfully  ask  that  my  letter,  together  with  the  extracts  quoted,  be  spread  on 
the  minutes  of  the  Academy.  I  also  request  that  the  printed  documents  be  re¬ 
turned  as  soon  as  you  are  through  with  them. 


The  answer  to  my  letter  was  the  following  (what  shall  we 
call  it?)  received  September  3rd,  1883,  although  it  bears 
date  July  13th,  1883,  full  fifty  days  previous. 

Raleigh,  N.  C.,  July  13th,  1883. 

At  a  called  meeting  with  the  following  Fellows  present,  Drs.  Knox,  (Presi¬ 
dent)  E.  B.  PIaywood,  H.  Haywood,  Hines,  Royster,  Sexton  and  McKee, 
the  President  stated  that  the  call  was  made  by  two  Fellows,  Drs.  Hines  and 
Royster,  to  hear  the  letter  of  explanation  of  Dr.  R.  B.  Ellis. 

The  Secretary  read  the  letter  and  the  citations  to  the  different  authorities  ac¬ 
companying  it,  and  after  considerable  discussion  the  following  resolution  was 
adopted : 

Resolved ,  That  the  attention  of  Dr.  R.  B.  Ellis  be  called  to  Art.  I,  sec.  3, 
of  the  Duties  of  the  Profession  tn  the  Public,  and  of  the  Obligations  of  the 
Public  to  the  Profession,  in  the  Code  of  Ethics  of  the  American  Medical  Asso¬ 
ciation,  and  that  he  be  furnished  a  copy  of  the  resolutions  passed  by  the  Ral¬ 
eigh  Academy  of  Medicine  on  the  subject  of  Medical  Examinations  at  its  meet¬ 
ing  on  May  3d,  18S2  ;  and  that  the  Secretary  deliver  them. 

The  following  resolution  was  then  adopted  : 

Resolved ,  That  Dr.  Ellis  be  allowed  to  complete  any  contract  made  prior  to 
his  notification  of  passage  of  resolution  of  May  3d,  1882,  as  Medical  Exam¬ 
iner  of  Benevolent  Societies  :  Provided,  his  election  to  such  was  not  for  a 
longer  period  than  one  year. 


*9 


This  reply  is  very  much  like  the  pious  old  lady’s  at  class 
meeting,  who,  when  called  upon  to  relate  her  experience,  re¬ 
plied,  “  Well,  I  have  been  thinking  that  the  least  said  is  the 
soonest  mended.” 

Instead  of  referring  me  to  the  arbitrary  resolutions  of  May 
2d,  1882,  and  to  the  Code  of  Medical  Ethics,  which  they 
knew  had  no  more  relevancy  to  the  question  at  issue  than 
did  the  recent  bull  of  the  Pope  of  Rome  against  Freemasonry, 
why  did  they  not  at  least  make  an  effort  to  refute  my  argu¬ 
ments,  and  show  that  my  position  was  untenable?  This 
reference  to  the  Code  of  Ethics  as  a  part  of  the  reply  of  the 
Academy  of  Medicine  to  my  “  explanation,”  as  given  above, 
must  have  meant  one  of  two  things — they  either  supposed 
that  I  was  incapable  of  comprehending  plain  English,  or 
they  had  no  grounds  upon  which  to  base  a  reply,  for  I  would 
not  so  far  impeach  their  intelligence  as  to  suppose  that  they 
did  not  know  that  the  reference  to  the  Code  of  Ethics  was 
wholly  irrelevant  to  the  questions  at  issue. 

It  is  said  “  a  drowning  man  will  catch  at  straws,”  but  this 
straw  was  not  sufficient  to  save  the  Raleigh  Academy  of 
Medicine  from  the  awkward  position  in  which  they  had 
placed  themselves. 

The  following  is  the  full  text  of  the  section  referred  to: 

g  3.  There  is  no  profession,  by  the  members  of  which  eleemosynary  services 
are  more  liberally  dispensed  than  the  medical  ;  but  justice  requires  that  some 
limit  should  be  placed  to  the  performance  of  such  good  offices.  Poverty,  pro- 
fessiona]  brotherhood,  and  certain  of  the  public  duties  referred  to  in  the  first 
section  of  this  article,  should  always  be  recognized  as  presenting  valid  claims 
for  gratuitous  services  ;  but  neither  institutions  endowed  by  the  public  or  by 
rich  individuals,  societies  for  mutual  benefit,  for  the  insurance  of  lives  or  for 
analogous  purposes,  nor  any  profession  or  occupation,  can  be  permitted  to  pos¬ 
sess  such  privilege.  Nor  can  it  be  justly  expected  of  physicians  to  furnish  cer¬ 
tificates  of  inability  to  serve  on  juries,  to  perform  militia  duty,  or  to  testify  to 
the  state  of  health  of  persons  wishing  to  insure  their  lives,  obtain  pensions,  or 
the  like,  without  a  pecuniary  acknowledgment.  But  to  individuals  in  indigent 
circumstances,  such  professional  services  should  always  be  cheerfully  and  freely 
accorded. 


20 


Now,  can  any  one  outside  the  Raleigh  Academy  of  Med¬ 
icine,  who  sees  through  glasses  unobscured  by  Order  preju¬ 
dice,  discover  anything  in  this  extract  to  prohibit  me,  or 
any  other  physician,  from  making  examinations  for  Orders 
with  insurance  features  for  a  less  sum  than  five  and  ten  dol¬ 
lars  ?  Nay,  more,  is  there  a  single  member  of  the  Academy 
who  is  willing  to  stake  his  reputation  as  a  physician,  and  as 
a  fair-minded  man,  by  seriously  contending  that  he  can  ? 
If  there  be  such  I  would  be  pleased  to  hear  from  him. 

All  that  can  be  truthfully  said  is,  that  certain  things 
therein  named  “  should  always  be  recognized  as  presenting 
valid  claims  for  gratuitous  services,”  and  that  certain  other 
things  therein  named  “cannot  be  admitted  to  possess  such 
privilege.” 

What  privilege?  Gratuitous,  of  course;  and  no  one,  so 
far  as  I  know,  has  ever  contended  to  the  contrary.  I  cer¬ 
tainly  have  not,  but  I  do  claim  the  “privilege”  under  the 
Code  of  Ethics,  though  a  practitioner  of  Raleigh ,  to  avail 
myself  of  any  rights  guaranteed  to  me  by  the  rulings  of  the 
State  Medical  Society,  and  the  universal  custom  of  the  pro¬ 
fession,  the  ipse  dixit  of  the  Raleigh  Academy  of  Medicine 
to  the  contrary  notwithstanding. 

Ir  will  no  doubt  be  news  to  most  of  the  profession  to  be 
told  that  the  State  Medical  Society  is  subordinate  to  the 
Raleigh  Academy  of  Medicine,  but  however  paradoxical 
that  may  appear,  it  is  nevertheless  true,  or  else  the  Raleigh 
Academy  of  Medicine  have  been  guilty  of  gross  unprofes¬ 
sional  conduct  in  passing  the  resolutions  of  May  2d,  1882, 
which  are  in  plain  violation  of  the  rulings  of  the  State  Med¬ 
ical  Society  in  the  matter  of  life  insurance  examinations. 

If  the  Academy  had  the  right  to  overrule  an  act  of  the 
State  Medical  Society,  they  had  a  greater  right  to  rule  on 
questions  not  touched  upon  by  that  body.  And  if  such 
right  existed,  why  did  they  not  legislate  on  the  practice  in  the 
State  institutions,  both  penal  and  charitable, contracts  with  in¬ 
surance  companies,  lectures  before  medical  colleges,  contract 


21 


practice  in  boarding  schools,  &c.,  &c.  And  if  they  had  such 
right,  why  did  they  not  exercise  it  ?  The  fact  is,  they  possessed 
no  such  right,  and  if  they  did,  they  dare  not  attempt  its  exer¬ 
cise. 

On  the  13th  of  September,  18 S3,  I  received  the  following 
from  the  Academy : 

Raleigh,  N.  C.,  September  13th,  1883. 
Dr.  R.  B.  Ellis,  Raleigh,  N.  C.: 

My  Dear  Sir : — Enclosed  find  a  copy  of  resolution,  unanimously  adopted 
by  the  Raleigh  Academy  of  Medicine  at  a  called  meeting,  held  September  I2th, 
1883,  and  which  I  was  instructed  to  forward  to  you. 

Very  truly  yours, 

James  McKee,  Secretary. 

Whereas,  Dr.  R.  B.  Ellis  has  been  furnished  certain  resolutions  adopted  by 
the  Raleigh  Academy  of  Medicine,  at  its  called  meeting  of  July  13th,  1883, 
to  which  no  definite  reply  has  been  given  ;  therefore, 

Resolved ,  That  Dr.  R.  B.  Ellis  be  notified  by  the  Secretary  that  an  adjourned 
meeting  of  the  Academy  will  be  held  on  Friday,  September  14th,  1883,  at  8^ 
o’clock  p.  m.,  to  hear  from  him  on  the  aforesaid  resolutions,  at  which  he  is  re¬ 
quested  to  be  present,  and  that  a  failure  on  his  part  to  appear  will  be  considered 
by  the  Academy  as  an  act  of  contempt,  and  that  final  action  will  be  taken 
thereon. 

A  true  copy  from  journal  of  proceedings  of  called  meeting,  held  September 
1 2  th,  1883. 

James  McKee,  Secretary. 

I  call  attention  to  one  important  fact.  The  Academy 
had  been  in  possession  of  my  letter  over  fifty  days,  had  had 
ample  opportunity  and  time  to  reply  to  the  position  I  had 
taken,  yet  in  its  hot  haste  after  me,  in  less  than  two  weeks 
after  they  had  sent  me  the  citations  to  the  Code  of  Ethics, 
and  the  resolutions  of  May  2d,  1882,  the  foregoing  discour¬ 
teous  resolutions  were  adopted. 

It  is  hardly  necessary  for  me  to  say,  that  I  did  not  appear 
on  one  day's  noticeat  the  meeting  on  September  14th,  1883. 
The  Academy  was  now  on  a  hot  trail — they  were  in  haste — 
and  on  the  15th,  the  day  after  the  meeting,  I  was  waited 
upon  by  a  committee,  to  whom  I  expressed  in  plain  terms 
my  feelings  in  regard  to  the  discourteous  expressions  in  the 
resolutions. 

I  was  assured  that  no  discourtesy  was  intended,  and  was 
urged  to  attend  an  adjourned  meeting  of  the  Academy  to 
be  held  two  or  three  days  thereafter.  I  assented,  and  did 
attend.  At  that  meeting  the  matter  was  fully  and  thoroughly 


22 


discussed,  and  I  told  the  Academy  that  I  was  under  contract 
with  the  orders  for  the  year,  and  that  I  felt  bound  to  faith¬ 
fully  fulfill  that  contract. 

As  soon  after  this  meeting  as  possible,  I  notified  the  sev¬ 
eral  Orders  of  the  action  of  the  Academy  in  refusing  to  per¬ 
mit  their  members  to  examine  for  less  than  five  and  ten  dol¬ 
lars.  The  Orders  immediately  opened  correspondence,  upon 
their  own  authority,  with  the  Academy,  and  pending  such 
correspondence  my  contract  year  expired,  and  I  then  ceased 
making  examinations  for  the  Orders,  hoping  from  intima¬ 
tions  from  the  members  of  the  orders  who  had  the  corres¬ 
pondence  in  hand,  that  this  cessation  would  be  only  tempo¬ 
rary,  and  that  in  a  very  short  time  the  matter  would  be 
amicably  adjusted  by  the  Academy  and  the  Orders,  and  that 
there  would  be  no  further  misunderstanding.  In  this  hope, 
however,  the  Orders  and  myself  were  disappointed.  No  sat¬ 
isfactory  arrangements  could  be  made,  and  seeing  that  the 
alternative  was  presented  of  either  abandoning  the  Orders 
with  whom  I  had  been  socially  and  professionally  connected 
for  the  past  several  years,  or  severing  my  connection  with  the 
Academy  as  one  of  its  Fellows,  I  chose  the  latter.  Conse¬ 
quently,  on  the  6th  of  February,  1884,  I  formally  resigned 
my  membership  with  the  Academy. 

Just  here  I  will  state  that  my  friend,  Dr.  W.  H.  Bobbitt, 
soon  after  connecting  himself  with  the  Raleigh  Academy  of 
Medicine,  discovered  that  the  action  of  the  State  Medical 
Society,  at  its  meeting  held  in  the  city  of  Wilmington  in 
1880  relative  to  examinations  for  Benevolent  Orders,  was 
not  popular  with  the  Academy,  and  that  the  members  lit¬ 
erally  repudiated  it.'*  For  this  reason,  and  because  the 
Academy  were  not  inclined  to  allow  him  privileges  guaran¬ 
teed  to  him  by  the  State  Society",  he  also  tendered  his  resig¬ 
nation. 

I  might  perhaps'  have  made  some  new  contract  by  the 
month,  quarter  or  year,  and  thus  by  some  hocus  pocus, 
(not  unknown  to  certain  gentlemen  of  the  profession). 


*See  Appendix. 


23 


have  “  whipped  the  devil  around  the  stump  ”  and  retained 
my  membership  in  the  Academy,  and  continued  the  exam¬ 
inations  also  ;  but  I  did  not  propose  to  resort  to  any  such 
questionable  methods. 

My  whole  course  in  the  matter  had  been  open  and  above 
board.  I  had  concealed  nothing,  attempted  to  deceive  no 
one,  and  I  did  not  propose  to  depart  from  the  course  I  had 
pursued  throughout  the  entire  controversy.  I  would  not 
remain  a  member  of  the  Academy  and  not  act  in  good  faith 
with  that  body. 

By  inference  at  least,  the  Academy  claimed  the  right  to 
require  me  to  annul  a  contract  made  with  the  Orders,  but 
graciously  permitted  me  to  fulfill  my  engagements,  pro¬ 
vided  it  did  not  extend  beyond  a  certain  period.  Would 
the  Academy  dare  attempt  to  force  the  physicians  em¬ 
ployed  at  our  penal  and  charitable  institutions  to  surrender 
their  contracts?  Would  they  attempt  to  force  other  phy¬ 
sicians,  who  were  examining  for  the  “  Old  Line  ”  companies, 
to  surrender  at  their  command  ?  The  prices  received  by 
these  gentlemen  have  nothing  to  do  with  this  question. 
H  ave  the  Academy  the  right,  the  power  to  require  any 
“Fellow”  to  violate  a  business  contract?  If  so,  from 
whence  was  such  authority  derived? 

Again:  If  the  Fee  Bill  is  to  be  considered  an  iron  rule,  in 
their  eagerness  to  enforce  its  provisions  by  a  strict  con¬ 
struction  of  the  language  used,  why  did  not  the  Raleigh 
Academy  of  Medicine  apply  its  provisions  to  all  alike? 
“  What  is  sauce  for  the  goose  should  be  sauce  for  the  gan¬ 
der.” 

But  now  to  the  true  animus  of  the  Academy.  My  resig¬ 
nation  was  accepted  on  the  6th  day  of  February,  1884,  and 
on  the  13th  of  the  month  I  received  the  following  “  bull  of 
excommunication  ”  : 

Raleigh,  N.  C.,  February  13th,  1884. 

Dr.  R.  B.  Ellis,  Raleigh,  N.  C., 

My  Dear  Sir  : — The  following  extract  from  proceedings  of  a  meeting  of  the 
Raleigh  Academy  of  Medicine,  held  February  12th,  1884,  explains  itself  : 


24 


“  Whereas,  The  Raleigh  Academy  of  Medicine,  at  its  organization,  adopted 
a  Fee  Bill  for  professional  services  rendered  by  its  fellows,  and  prescribed  the 
following  penalty  for  its  violation  : 

“  In  case  any  one  shall  transgress  these  rules,  he  shall”  be  considered  be¬ 
yond  the  pale  of  the  profession,  and  no  consultation  shall  be  held  with  him.  If 
any  one  shall  knowingly  consult  with  such  a  person,  he  “  shall  be  regarded  and 
treated  in  a  similar  manner.” 

Whereas,  It  was  not  the  purpose  of  this  Academy  to  treat  other  physicians 
more  liberally  than  its  own  fellows,  therefore, 

Resolved :  That  no  fellow  of  the  Raleigh  Academy  of  Medicine  shall  con¬ 
sult  with  any  resident  physician  of  Raleigh,  who  charges  less  for  professional 
services  than  the  rates  adopted  by  the  Academy  of  Medicine. 

Resolved :  That  the  Secretary  be  instructed  to  transmit  to  Drs.  R.  B.  Ellis 
and  W.  H.  Bobbitt  a  copy  of  the  resolutions  of  the  committee,  adopted  by  the 
Academy  to-night,  and  to  say  to  each  one  of  the  gentlemen  named,  that  the 
fellows  of  the  Academy,  henceforth,  will  decline  to  consult  with  either  of  them 
so  long  as  he  maintains  his  present  attitude.” 

These  resolutions  were  unanimously  adopted. 

Very  respectfully, 

James  McKee,  M.  D., 
Seretaiy  Raleigh  Academy  of  Medicine. 

Now,  it  is  plain  enough  from  the  above  edict,  that  the 
Raleigh  Academy  of  Medicine  claimed  exclusive  profes¬ 
sional  jurisdiction  over  the  territory  of  Raleigh;  but 
whether  they  hold  the  title  in  fee  simple,  or  by  the  right  of 
“  squatter  sovereignty,”  does  not  appear.  However  that 
may  be,  as  the  action  of  the  Raleigh  Academy  of  Medicine 
“is  irrevocably  fixed,”  regardless  of  the  rulings  of  the  State 
Medical  Society,  it  becomes  a  matter  of  some  importance 
to  know  just  where  this  peculiar  and  exclusive  jurisdiction 
ends.  In  justice  to  the  profession,  under  State  jurisdiction, 
the  Academy,  as  it  seems  to  me,  ought  to  have  an  accurate 
survey  made  of  their  premises,  the  lines  and  boundaries  al j 
well  defined  and  posted ,  so  as  to  avoid  all  possible  conflict 
in  the  future  in  regard  to  ownership  or  exclusive  jurisdic¬ 
tion.  For,  to  my  mind,  the  term  “  Resident  Physicians  of 
Raleigh  ”  is  altogether  too  indefinite  for  one  to  determine 
just  how  far  out  he  would  have  to  go  in  order  to  get  “  within 
the  pale  of  the  profession.”  And  as  “  the  action  of  the 
Raleigh  Academy  of  Medicine  is  irrevocably  fixed  ”  it  is  a 
matter  of  vital  importance  to  know  whether  or  not  their 
territorial  boundaries  are  also  “  irrevocably  fixed.”  If  not 
who  knows  but  that  the  Academy  might  take  it  into  their 


heads  to  indefinitely  extend  their  jurisdiction,  and  thus  place 
the  whole  State  Medical  Society  “beyond  the  pale  of  the 
profession  ”  unless  they  repeal  their  decisions  in  regard  to 
life  insurance  examinations  for  benevolent  societies. 

I  take  the  position  that  the  Raleigh  Academy  of  Medi¬ 
cine  had  no  right  to  pass  the  resolutions  of  May  2,  1882,— 
that  the  passage  of  said  resolutions  was  in  direct  conflict 
with  the  rulings  of  the  State  Medical  Society  at  its  session 
in  1880,  and  confirmed  in  1884. 

The  following  is  an  extract  from  the  transactions  of  the 
State  Medical  Society  at  Raleigh,  N.  C.,  May,  1884: 


Dr.  Hill,  of  Goldsborough,  made  a  motion  to  the  effect  that  the  ruling  of  the 
Society  at  its  Wilmington  meeting,  whereby  members  of  the  Society  are  allowed 
to  fix  their  fees  for  examination  of  applicants  for  admission  into  mystic  orders, 
benevolent  associations  with  an  insurance  feature,  etc.,  to  suit  themselves,  be 
rescinded,  and  that  an  arbitrary  fee  of  five  dollars  be  charged  in  all  cases. 

Dr.  Bellamy,  in  reply  to  the  motion  of  Dr.  Hill  to  consider  the  repeal  of  the 
motion  to  exclude  the  secret  societies,  such  as  the  Knights  of  Honor,  from  the 
category  of  life  insurance  institutions,  remarked  that  the  Knights  of  Honor 
were  not  only  charitable  and  benevolent  institutions,  but  beneficent,  doing  the 
good  and  grand  work  of  such  societies  as  the  Masons  and  Odd  Fellows,  and 
still  more,  in  providing  for  nursing  and  feeding  the  sick  and  providing  for  the 
widows  and  orphans  in  a  substantial  way.  They  are  not  insurance  com¬ 
panies,  but  like  a  family  circle,  have  their  secrets  and  sympathies,  and  he  who 
crosses  the  threshold  without  permission  is  an  intruder.  This  benevolent,  yea 
beneficent  institution,  has  no  president,  no  agents,  with  high  salaries  and  use¬ 
less  expenses.  They  provide  in  an  economical  and  easy  way  something  for  the 
edification,  comfort  and  health  of  its  members  while  living,  and  sub¬ 
stantial  aid  to  the  widow  and  orphan  child.  It  is  wrong  and  unjust  to  speak 
of  this  institution  as  an  insurance  company.  The  resemblance  is  not  at  all 
striking,  its  features  being  quite  different  in  many  respects. 

After  remarks  by  several  others  present,  the  resolution  was  put  to  the  house 
and  lost,  with  only  two  dissenting  voices. 


The  State  Medical  Society  is  superior  in  its  author¬ 
ity  to  any  subordinate  body,  and  its  rulings  are,  or 
should  be,  final  on  all  questions  of  medical  jurispru¬ 
dence.  If  a  subordinate  body  can  disregard  or  overrule 
the  action  of  the  supreme  body  in  one  case,  it  can  in 
another,  and  thus  every  subordinate  body  could  resolve 
itself  into  a  law-making  power  and  no  rulings  of  the 
supreme  body  would  have  any  binding  effect.  If  this  be  al¬ 
lowable,  then  what  is  the  use  of  the  State  Medical  Society? 
Suppose,  for  illustration,  that  a  question  should  arise  be- 


26 


tween  two  local  societies,  or  between  two  members  of  a  so¬ 
ciety,  and  in  settling  such  question,  the  parties  involved 
should  fail  to  agree,  or  one  party  should  feel  aggrieved  at 
a  decision,  and  should  appeal:  to  whom  should  such  appeal 
be  made?  Would  it  not  be  to  a  higher  authority?  What 
is  that  higher  authority?  It  it  not  the  State  Medical  So¬ 
ciety  ?  Suppose  that  the  Supreme  Court  of  the  State 
should  render  a  decision  on  a  question  of  law,  what  would 

be  thought  of  an  inferior  court  judge  who,  in  the  full  knowl- 

► 

edge  of  such  decision,  should  rule  directly  to  the  reverse, 
and  who,  when  his  attention  was  called  to  the  fact,  should 
have  the  effrontery  to  say  :  “So  far  as  this  court  is  con¬ 
cerned,  that  question  is  settled  ;  its  action  is  irrevocably 
fixed.”*  Would  not  such  conduct  on  the  part  of  a  judge 
render  him  ridiculous  in  the  eyes  of  the  profession  ? 

Again  :  As  has  been  stated  before  in  this  article,  the  laws 
of  the  State  do  not  recognize  the  benevolent  orders  with 
insurance  features,  as  belonging  to  that  class  of  institutions 
known  as  Insurance  Companies.  They  are  classed  with 
the  charitable  institutions  of  the  land.  Yet  the  Raleigh 
Academy  of  Medicine,  with  the  same  regard  for  the  laws 
of  the  State  that  they  have  for  the  rulings  of  the  superior 
body, — the  State  Medical  Society, — say,  “No!  The  law  is 
wrong.  We  do  not  recognize  such  law.”  In  the  language 
of  the  poet,  it  might  be  said: 

“  And  still  they  gazed,  and  still  the  wonder  grew, 

That  one  small  head  could  carry  all  he  knew.” 

The  inconsistency  of  the  action  of  the  Academy  is  so 
glaring  that  it  is  almost  unnecessary  to  call  attention  to  it. 
The  “  complaint  ”,  “charges”,  or  “  allegations  ”,  or  what¬ 
ever  else  they  may  be  called,  against  me,  was  that  I  had  ex- 


*An  incident  of  this  character  did  actually  occur  in  a  colored  magistrate’s 
court  in  Raleigh,  some  years  since.  A  case  was  being  tried,  and  during  the 
argument,  one  of  the  counsel,  a  distinguished  lawyer,  still  living  in  this  city, 
cited  a  decision  of  the  Supreme  Court,  as  applicable  to  the  case  then  under 
consideration.  “  That,”  quickly  responded  his  sable  Honor,  (his  feet  on  the 
table  and  his  spectacles  on  the  end  of  his  nose),  “  may  be  very  good  law  in 
the  Supreme  Court,  but,  Judge,  it  is  not  the  law  in  this  court.” 


27 


amined  for  benevolent  Orders  for  less  than  five  and  ten  dol¬ 
lars.  This  is  true,  but  in  that,  I  had  the  very  highest  au¬ 
thority  known  to  the  profession — the  State  Medical  Society 
— adopted  in  1880,  and  confirmed  in  1884,  and  the  rulings 
and  customs  of  the  profession  throughout  the  country. 

I  wish  it  to  be  understood  that  I  do  not  intend  to  reflect 
on  my  medical  brethren  who  practice  by  contract  in  our 
charitable  and  penal  institutions  and  boarding  schools.  I 
admit  their  right  to  practice  under  contract  as  they  do,  and 
refer  to  the  matter  merely  to  show  the  inconsistency  of  the 
Raleigh  Academy  of  Medicine. 

My  fees  for  examinations  for  the  benevolent  Orders  were 
two  dollars  in  each  case;  yet,  I  am  charged  with  a  violation 
of  the  Fee  Bill  and  Medical  Code  of  Ethics.  Let  us  see 
what  some  other  members  of  the  Raleigh  Academy  of  Med¬ 
icine  receive  for  their  services  in  a  practice  far  less  desirable 
and  pleasant  to  the  professional  gentleman  than  that  of 
making-  such  examinations  as  those  which  I  have  been  called 

o 

upon  to  make  ? 

I  quote  from  authority  of  the  highest  professional 
character,  from  the  utterances  of  the  oldest  practitioner  in 
the  city,  a  member  of  the  Raleigh  Academy  of  Medicine, 
an  ex-President  of  the  State  Medical  Society,  and  at  present 
in  conjunction  with  three  other  members  of  the  Raleigh 
Academy  of  Medicine,  a  Professor  in  the  Colored  Medical 
College  at  Shaw  University  in  this  city.w  In  his  admirable 


*The  following  is  to  be  found  on  page  5  of  the  Third  Annual  Repoit  of 
Leonard  Medical  School,  Shaw  University,  Raleigh,  N.  C.,  1884: 

FACULTY. 

* *  *  *  *  *  *  *  .  * 
James  McKee,  M.  D.,  Professor  of  Physiology  ;  Visiting  Physician  to  tie 

Leonard  Medical  School  Hospital.^  *  *  *  * 

P  P  Haywood  A.  M.,  M.  D.,  Professor  of  the  Principles  and  Practice  of 

Medicine  and  Materia  Medica  ;  Consulting  Physician  and  Surgeon  to  the 
Leonard  Medtcal  School  HospiUl.  ^  and  Operative  Surgery;  Visiting 

Surgeon  to  the  Leonard  Medical  School  Hospital.  *  *  * 

t  H  *  M  D*  Visiting*  Surgeon  to  the  Eye  and  Ear  Department, 
and  Consulting  Surgeon  to  the  Leonard  Medical  School  Hospital. 


28 


address  delivered  before  the  State  Medical  Society  at 
Asheville,  in  1 88 1 ,  Dr.  R.  B.  Haywood  says: 


The  State  of  North  Carolina,  per  contra,  pays  a  very  competent  and  estima¬ 
ble  physician,  fifty-two  cents  a  head  for  treating  thirteen  hundred  and  eighty- 
three  cases  among  the  convicts  in  her  penitentiary  and  requires  him  to  furnish 
his  own  conveyance  and  driver.  This  is  scandalous  and  ought  to  be  re¬ 
monstrated  against  by  the  profession,  more  especially  when  it  is  known  that  the 
State  pays  a  lawyer  five  hundred  dollars  to  go  to  an  adjoining  county  to  look 
into  a  faulty  bill  of  indictment.  They  are  both  skilled  laborers  and  should  be 
treated  alike. 


The  Doctor  speaks  feelingly  on  this  subject,  for  being  a 
practitioner  in  another  State  Institution,  “  knows  how  it  is 
himself.” 

I  might  go  on  and  cite  other  cases  to  show  the  inconsis¬ 
tency  of  the  Raleigh  Academy  of  Medicine,  but  deem  the 
foregoing  amply  sufficient  to  satisfy  every  impartial  mind. 

So  far  as  consultations  are  are  concerned,  while  I  am  dis¬ 
posed  to  be  professional,  the  edict  of  the  Raleigh  Academy 
of  Medicine  does  not  in  the  least  disturb  my  equanimity. 
Outside  of  that  body,  with  a  possible  exception,  my  po¬ 
sition  has  the  endorsement  of  the  entire  medical  profession 
of  the  State,  as  expressed  by  their  action  on  two  separate 
occasions.  The  single  exception  alluded  to  does  not  per¬ 
haps  now  exist,  for  it  is  not  probable  that  a  lone  individual 
would  persist  in  a  position  which  the  whole  medical  frater¬ 
nity  has  decided  was  not  tenable. 

Again:  If  my  refusal  to  be  governed  by  arbitrary  local 
legislation  should  justly  place  me  “  beyond  the  pale  of 
the  profession,”  by  parity  of  reasoning,  what  should  be 
the  position  of  those  who,  not  only  refuse  to  be  governed 
by  the  rulings  of  the  State  Society,  but  proscribe  others 
for  doing  so  ? 

“  It  is  a  poor  rule  that  wont  work  both  ways,”  and  it  is  a 
lame  cause  that  can  be  neither  just  nor  consistent.  At¬ 
tempting  to  play  the  dictator,  and  claiming  by  action  at 
least,  that  “  Resident  Physicians  of  Raleigh  ”  have  no  rights 
which  they  are  bound  to  respect,  may  be  very  gratifying  to 


29 


the  vanity  of  those  who  assume  such  a  position,  but  it  is 
not  in  accordance  with  my  sense  of  professional  propriety, 
nor  in  keeping  with  the  rules  of  Medical  Ethics. 

“  O  wad  some  pow’r  the  giftie  gie  us, 

To  see  oursels  as  others  see  us ; 

It  wad  frae  monie  a  blunder  free  us, 

And  foolish  notion.” 

My  purpose  in  the  foregoing  has  been  simply  to  vindi- 
dicate  myself  against  the  unprofessional  charges  that  have 
been  made  against  me  by  the  Raleigh  Academy  of  Med¬ 
icine.  That  body  has  attempted  to  exercise  a  jurisdiction 
without  color  of  right  to  do  so,  and  in  the  face  of  the  action 
of  the  State  Medical  Society  on  two  separate  occasions 
expressed,  and  contrary  to  the  practice  of  the  profession 
all  over  the  country,  and  is  neither  justified  by  any  law  or 
practice,  professional  or  civil. 

The  length  of  this  article  precludes  any  extended  com¬ 
ments,  if  comments  were  necessary.  I  have  endeavored  to 
place  facts  before  the  public,  and  to  avoid  personal  allusions 
to  any  particular  individual,  except  where  incidentally  such 
allusions  have  been  necessary  in  the  proper  presentation  of 
the  case.  The  facts,  unimbelished,  and  with  naught  set 
down  in  malice,  are  laid  before  the  medical  profession  and 

the  public. 

As  a  medical  man,  I  must  confess  that  I  feel  not  a  little 
humiliated  to  know  that  any  portion  of  the  profession  to 
which  I  belong,  and  more  especially  a  Society  of  which  I 
was  formerly  a  member,  should  be  incapable  of  making  a  dis¬ 
tinction  between  “  insurance  companies  with  assets  amount¬ 
ing  to  millions,”  and  charitable  orders  with  no  assets  at  all. 
There  is  no  more  analogy  between  the  two  than  there  is 
between  black  and  white,  or  between  a  soulless  monopoly 
and  an  orphan  asylum— the  one  being  entirely  mercenary , 
the  other  purely  benevolent.  These  oiders  are  not  insurance 
companies.  One  of  their  chief  objects,  however,  as  set  forth 
in  their  own  publications  “  is  to  provide  the  familes  of 


30 


their  members  with  a  death  benefit  at  actual  cost,  and  thus 
enable  worthy  persons  to  secure  needed  protection,  who 
cannot  afford  to  pay  the  high  rates  charged  by  insurance 
companies.  The  members  form  a  vast  fraternity,  held  to¬ 
gether  by  mutual  interests  and  cemented  by  a  spirit  of 
brotherhood  which  is  fostered  in  the  council  and  lodge 
rooms.” 

And,  although  examinations  made  for  these  orders 
“  must  be  made  by  a  physician  who  is  himself  a  member  of 
the  orders  ;  made  by  a  brother  for  the  benefit  of  brethren,” 
yet,  I  am  to  be  professionally  proscribed  by  the  Raleigh 
Academy  of  Medicine  “  so  long  as  I  maintain  my  present 
attitude;”  that  is,  so  long  as  I  do  not  charge  benevolent 
orders,  an  arbitrary  fee  of  $10;  a  fee  which  even  insurance 
companies,  “  with  assets  amounting  to  millions,”  could  not 
afford  to  pay. 

I  repeat,  as  a  medical  man,  I  feel  mortified  and  humil¬ 
iated  to  think,  that  a  society,  of  which  I  was  once  a  mem¬ 
ber,  should  “  maintain  an  attitude  ”  towards  these  orders 
that  smacks  so  strongly  of  a  monopoly. 

R.  B.  Ellis,  M.  D. 


Note. — I  am  not  a  member  of  the  State  Medical  Society.  I  graduated 
from  the  University  of  Pennsylvania  in  1866,  and  have  been  in  active  and 
constant  practice  ever  since  ;  but,  like  a  large  majority  of  the  physicians  of  the 
State,  I  have  never  joined  the  State  Medical  Society  ;  and,  if  ‘‘  resident  phy¬ 
sicians  of  Raleigh,”  who  are  members  of  that  Society,  are  not  to  be  protected 
in  their  professional  rights,  against  such  unjust  local  legislation  as  is  herein  de¬ 
tailed,  I  see  no  good  reason  why  I  should  become  a  member  of  that  body.  In 
other  woids,  if  the  State  Society  is  powerless  to  enforce  its  rulings,  by  reason 
of  exclusive  local  jurisdiction ,  then  farewell  to  the  Medical  Society  of  North 
Carolina — it  becomes  a  dead  letter — a  mere  myth,  without  “  local  habitation  or  a 
name.”  And  thus  there  is  sober  truth  in  the  words  which  Shakespeare  puts 
into  the  mouth  of  Hamlet  : 

“  Inperial  Caesar,  dead  and  turned  to  clay, 

Mijrht  stop  a  hole  to  keep  the  cold  awqiy ; 

Oh  that  that  earth,  which  kept  the  world  in  awe, 

Should  patch  a  wall,  ’t  expel  the  winter’s  flaw  !  ” 


APPENDIX. 


In  the  Transactions  of  the  Thirty-First  Annual  Meeting 
of  the  Medical  Society  of  the  State  of  North  Carolina, 
May,  1884,  page  13,  will  be  found  the  following  : 


Dr.  W.  H.  Bobbitt,  of  Raleigh,  took  the  floor  on  a  question  of  privilege, 
and  read  a  communication  setting  forth  his  grievances  as  follows  : 

“Mr.  President ,  I  rise  to  a  question  of  personal  privilege.  In  the  inter¬ 
ests  and  rights  of  myself,  of  this  Society  and  our  profession,  I  feel  it  my  duty 
to  do  so. 

“I  was  admitted  a  member  of  this  Society  at  the  meeting  in  Tarborough 
last  year.  In  October  following  I  removed  from  Rockingham,  where  I  had 
been  engaged  in  the  practice  of  medicine  for  two  years,  and  located  as  a  prac¬ 
titioner  in  the  city  of  Raleigh. 

“  Since  my  connection  with  the  Society  I  have  studiously  observed  its  rules 
and  regulations,  and  faithfully  adhered  to  the  recognized  Code  of  Ethics  of  the 
profession  as  adopted  by  this  Society. 

“  Soon  after  I  located  in  Raleigh  I  joined  the  Raleigh  Academy  of  Medicine 
in  good  faith.  Before  joining  either  this  Academy  or  the  Society,  I  informed 
myself  of  the  action  of  the  State  Society  at  its  meeting  held  in  Wilmington,  in 
1880,  in  reference  to  the  fees  for  examination  of  applicants  for  life  insurance. 
The  result  of  the  discussion  of  this  question,  then  and  there  made,  was  as  fol¬ 
lows  :  That  the  usual  examination  fee  of  five  dollars  did  not  apply  to  examina¬ 
tion  of  applicants  for  a  mystic  order  with  a  beneficiaiy  or  benveolent  feature. 
The  Society  decided,  as  the  proceedings  show,  that  it  did  not  apply  to  exam¬ 
ination  of  applicants  for  such  orders  as  the  Knights  of  Honor.  I  soon  found, 
after  connecting  myself  with  the  Raleigh  Academy  of  Medicine,  that  this  action 
of  the  State  Society  was  not  popular  with  the  Academy,  and  that  the  members 
literally  repudiated  it.  For  this  reason,  and  because  the  Academy  were  not 
inclined  to  allow  me  privileges  guaranteed  to  me  by  the  State  Society,  I  sev¬ 
ered  my  connection  with  the  Academy.  After  this  withdrawal,  and  not  be¬ 
fore,  I  joined  the  Order  of  Knights  and  Ladies  of  Honor,  and  was  appointed 
its  medical  examiner.  Before  I  had  examined  a  single  applicant  for  life  in¬ 
surance  in  this  body,  I  received  an  official  communication  from  the  Academy 
notifying  me  that  henceforth  the  Fellows  would  refuse  me  consultation  so  long 
as  I  maintained  the  attitude  I  then  held.  The  attitude,  I  take  it,  referred  to 
the  fact  that  my  fee  for  examination,  and  fixed  by  the  Knights  and  Ladies  of 


0 


2 


Honor,  was  and  is  two  dollars,  whereas  the  Academy  had  fixed  the  fee  for  ex¬ 
amination  of  applicants  for  insurance  at  five  dollars  per  head,  and  five  dollars 
additional  when  an  analysis  of  the  urine  had  to  be  made. 

“Now,  Mr.  President  and  fellow-members  of  the  Society,  I  have  made  this 
running  statement  in  order  that  you  may  see  and  determine  my  status  in  the 
Society.  The  Fellows  of  the  Academy  are,  in  common  with  me,  members  of 
this  Society.  If  I  have  done  anything  wrong  or  in  violation  of  the  regulations 
of  this  Society  or  the  recognized  code  of  the  profession,  the  Society  will  please 
say  what  it  is  and  wherein  I  have  transgressed.  On  the  other  hand,  if  this  has 
not  been  done  by  me,  I  wish  in  this  defense  of  my  course  for  that  endorsement 
and  support,  which  a  member  has  a  right  to  claim,  whose  only  offense  is  in 
obeying  that  decree  of  the  Society  which  is  my  shield  and  armor  in  this  matter. 
It  may  be  said  that  this  is  a  local  matter,  personal  to  myself,  and  that  the  Society 
should  not  be  troubled  with  its  consideration  and  investigation.  But  it  involves 
a  principle  that  is  important  to  us  all  and  to  the  profession  ;  and  I  have  mis¬ 
taken  the  objects  of  this  Society  if  the  members  now  assembled  ignore  the 
question  presented,  or  decline  to  define  my  status,  rights  and  relations.  There 
is  evident  antagonism  in  this  insurance  matter  between  this  Society  and  the 
Raleigh  Academy  of  Medicine. 

“  So  long  as  I  was  connected  with  the  latter,  I  observed  its  rules  and  regula¬ 
tions  as  to  insurance  fees  and  all  other  matters.  Why  I  should  be  refused  con¬ 
sultation  by  its  members,  after  withdrawing,  because  the  charge  against  me 
was  no  other  than  a  compliance  with  the  law  of  the  State  Society,  I  leave  it  to 
the  Society  to  investigate. 

The  Academy  refuses  to  make  any  distinction  between  old  line  companies 
and  benevolent  societies  with  an  insurance  feature.  The  State  exempts  from 
taxation  these  benevolent  associations,  and  the  State  Medical  Society  recog¬ 
nizes  the  same  great  principle  of  charity  and  benevolence  which  constitutes 
one  of  the  glories  of  our  profession,  and  allows  the  fees  to  be  less  than  for 
old  line  companies  with  their  millions  of  assets. 

With  this,  Mr.  President  and  gentlemen,  I  leave  the  matter  with  you,  and 
await  your  impartial  decision. 


